A REGULAR MEETING OF THE BOARD OF COUNTY COMMISSIONERS
December 6, 2011
The Lake County Board of County Commissioners met in regular session on Tuesday, December 6, 2011 at 9:00 a.m., in the Board of County Commissioners’ Meeting Room, Lake County Administration Building, Tavares, Florida. Commissioners present at the meeting were: Leslie Campione, Chairman; Jennifer Hill, Vice Chairman; Sean Parks; Jimmy Conner; and Welton G. Cadwell. Others present were: Darren Gray, County Manager; Sanford A. “Sandy” Minkoff, County Attorney; Wendy Taylor, Executive Office Manager, County Manager’s Office; Neil Kelly, Clerk of Court; Barbara F. Lehman, Chief Deputy Clerk, County Finance; and Shannon Treen, Deputy Clerk.
INVOCATION and pledge
Mr. Jim Briggs from the Baha’i Group of Lake County gave the Invocation and led the Pledge of Allegiance.
election of chairman
Commr. Hill opened the floor for nominations for the position of Chairman of the Board of County Commissioners.
Commr. Parks nominated Commr. Campione as Chairman.
On a motion by Commr. Parks, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the nomination of Commr. Campione as Chairman.
Commr. Hill turned the Chairmanship over to Commr. Campione.
Commr. Cadwell presented a ceremonial gavel to Commr. Hill and thanked her for her service as Chairman.
election of vice-chairman
Commr. Campione opened the floor for nominations for the position of Vice-Chairman of the Board of County Commissioners.
Commr. Campione nominated Commr. Hill as Vice-Chairman.
On a motion by Commr. Campione, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the nomination of Commr. Hill as Vice-Chairman.
No changes or deletions were noted.
Ms. Mary Makovec, Employee Services Manager, presented the following employee awards:
Christopher Braddy, Equipment Operator III
Public Works/Road Operations Division/Special Projects
Patricia Cotoia, Office Associate V
Public Works/Solid Waste Division
Michael Crispino, Firefighter/Paramedic (not present)
Public Safety/Fire Rescue Division
Aidan Holmes, Data Technician
Public Safety/Fire Rescue Division
Amy Munday, Office Associate III
County Manager/Procurement Services Division
Jeannine Nelson, Employee Services Specialist
Employee Services Department
Ole Olsen, Energy Maintenance Technician
Facilities Development & Management/Maintenance Division/Energy Management
John O’Malley, Trades Crew Leader
Public Resources/Parks & Trails Division
Wendy Poag, Naturalist/Land Steward (not present)
Public Resources/Parks & Trails Division
Gallus Quigley, Planner
Public Resources/Parks & Trails Division
Christina St. John, Parts & Supply Technician (not present)
County Manager/Fleet Management Division
Shelly Clarke, Firefighter/EMT (not present)
Public Safety/Fire Rescue Division
Kraig Gilligan, Fire Lieutenant/EMT
Public Safety/Fire Rescue Division
Vicki Kochevar, Field Inspector
Public Works/Solid Waste Division
Ross Pinkerton, Firefighter/Paramedic (not present)
Public Safety/Fire Rescue Division
Commr. Campione presented the following awards:
Lake County Library Advisory Board
Tom Eppich, for service from 2010-2011
Peggy Ernest, for service from 2010-2011 (not present)
On a motion by Commr. Hill, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the Minutes of September 27, 2011 (Regular Meeting) and November 1, 2011 (Regular Meeting) as presented.
citizen question and comment period
Ms. Alice Davis, a member of the Humane Society of Lake County, addressed the Board in regards to the tethering ordinance and explained that the letter sent by the Humane Society to the Board was sent without the knowledge of the majority of the members. She added that it was only the opinion of some of the members, and she along with other members were opposed to the ordinance and would prefer to ban tethering completely.
Mr. Travis Whigham, a member of the Forest Hills Association, handed out information about a company called Assembled in America and informed the Board that he was trying to help get the company started. He stated that the company could help reduce the welfare and unemployment rates because it could put hundreds or even thousands of people to work assembling products in their own homes.
Mr. Jon Pospisil, a resident of Goldenrod, expressed his concern about the issue of letting hydrilla grow over large parts of Lake Apopka and how that could cause long term damage to the lake. He added that it was a very important issue considering the amount of money that had been expended for the restoration of that lake.
Ms. Nancy McDavid, a resident of Clermont, addressed the Board in regards to the tethering ordinance and handed out a proposed ordinance for Pasco County. She urged the Board to review the ordinance and consider changing Lake County’s current ordinance to protect the animals and the citizens of Lake County.
Ms. Laurie Lee, an Attorney from Jacksonville representing Allied Veterans of the World, addressed the Board in regards to internet cafés. She handed out information about internet cafés and clarified that there was a difference between “adult arcades,” where people pay to play games, as opposed to those that offered a product or service.
CLERK OF COURTS’ CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Cadwell and carried unanimously by a 5-0 vote, the Board approved the Clerk of Courts’ Consent Agenda, Items 1 through 5, as follows:
List of Warrants
Request to acknowledge receipt of the list of warrants paid prior to this meeting, pursuant to Chapter 136.06 (1) of the of the Florida Statutes, which shall be incorporated into the Minutes as attached Exhibit A and filed in the Board Support Division of the Clerk's Office.
Audit Reports from Clerk’s Office Internal Audit
Request to acknowledge receipt of the following audit reports:
BCC 2011-02 Interim Report 2 – Judicial Center Expansion
BCC 2011-04 Follow Up to BCC 2009-02 IT Active Directory
BCC 2011-10 Follow Up to BCC 2008-03 Board Payroll
BCC 2011-14 Fixed Asset Verifications
City of Umatilla Ordinances
Request to acknowledge receipt of a copy of the notice of publication for ordinances relating to several upcoming property annexations by the City of Umatilla, in accordance with Section 171.044, paragraph (6), Florida Statutes. The proposed ordinances will be considered at the following public meetings: Planning & Zoning Board Meeting on Tuesday, December 13, 2011 at 7:00 p.m.; Umatilla Land Planning Agency meeting on Tuesday, December 20, 2011 at 6:30 p.m.; Umatilla City Council meeting on Tuesday, December 20, 2011 at 7:00 p.m.; and Umatilla City Council meeting on Tuesday, January 3, 2012 at 7:00 p.m.
City of Fruitland Park Annexation Report
Request to acknowledge receipt of the annexation report for properties that are proposed to be annexed into the City of Fruitland Park, along with copy of Resolution 2011-021 from the City Commission of Fruitland Park transmitting an annexation report for the proposed annexation area to the Board of County Commissioners pursuant to Section 171.042, Florida Statutes, as well as a transmittal letter of same stating that the City will take these properties up for consideration for first reading at its December 8, 2011 meeting, with the final public hearing on January 12, 2012.
City of Fruitland Park Addendum to the Annexation Report
Request to acknowledge receipt of the addendum to the annexation report which was submitted by the City of Fruitland Park on October 28, 2011 which deleted three parcels that were already within the city limits of Fruitland Park.
Notice of Application For Transfer of Raintree Harbor Water System
Request to acknowledge receipt of the Notice of Application For Transfer of Raintree Utilities’ Raintree Harbor Water System to Raintree Harbor Utilities LLC dated November 3, 2011, pursuant to Section 367.071, Florida Statutes.
Florida Forest Service’s Annual Report
Request to acknowledge receipt of the Annual Report for the Florida Forest Service’s Cooperative Forestry Assistance Program and Fire Management Program for Fiscal Year of July 1, 2010 to June 30, 2011.
Lake County Water Authority 2010 Annual Report and Five Year Plan
Request to acknowledge receipt of the 2010 Annual Report and Five Year Plan from the Lake County Water Authority, prepared in accordance with Chapter 2005-314, Laws of Florida, along with a cover letter dated November 18.
COUNTY MANAGER’S CONSENT AGENDA
Mr. Darren Gray, County Manager, requested to pull Tab 12 and bring it back at a later date.
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the County Manager’s Consent Agenda, Tabs 3 through 24, pulling Tab 12, as follows:
Request for approval and authorization for the Chairman of the Board of County Commissioners to sign the Agreement between Lake County and We Care of Lake County, Inc. for operation of the Lake County We Care program effective 10/1/11 through 9/30/12. The fiscal impact is $75,000.00.
Request for approval of the Fiscal Year 2010-2011 Consolidated Annual Performance and Evaluation Report (CAPER). There is no fiscal impact.
Request for authorization to create and fill one (1) part-time/20 hours per week Program Associate position in the Community Services Department/Housing Division as a limited term position, duration up to twenty-four (24) months based on operational need. The fiscal impact is $19,323.
Request for approval to submit the Section 5311 grant application to the FDOT for funding of the Transportation Disadvantaged Program for the 2012-2013 Fiscal Year and approval of the supporting Resolution No. 2011-168, and the acceptance and implementation of the grant award. The fiscal impact is $978,034.00 (County Portion: $489,017.00/Grant Funded: $489,017.00).
Request for approval to apply to the Florida Department of Transportation (FDOT) under the Section 5310 Capital Grant Program to purchase paratransit vehicles for use under the Transportation Disadvantaged program (Lake County Connection for Fiscal Year 2012-2013). Approval of the supporting Resolution No. 2011-171, acceptance and implementation of the grant award, and the procurement of the vehicles under the State’s bid list through the Transit Research Inspection Procurement Services Program (TRIP). The fiscal impact is $580,041.00 (County Portion: $58,004.10/Grant Funding: $522,036.90).
Conservation and Compliance
Request for authorization to fill one (1) vacant Animal Shelter Technician I position within the Conservation and Compliance/Animal Services Division. Fiscal impact is $33,142.
Request for authorization to fill one (1) vacant Animal Control Officer position within the Conservation and Compliance/Animal Services Division. Fiscal impact is $35,549.
Request to approve Direct Pay (Check Request) from State Attorney's Office for Early Intervention Case Resolution Program. Fiscal impact - $87,840.00.
Request for approval to advertise ordinance amending Chapters 2, 9, 14, 16 and 21 of the Lake County Code to change references to specific obsolete job titles and replace with “County Manager, or designee” and update department/division names to reflect current organizational structure. There is no fiscal impact.
Request for approval and execution of release of fine; unlicensed contractor, citation paid. The fiscal impact will be a $500.00 revenue increase due to payment of unlicensed contractor citation.
Request for approval and signature of Second Amendment to Interlocal Agreement between Lake County and The City of Tavares, Florida Relating to Contribution of Funds for Construction of Woodlea Sports Complex. There is no fiscal impact.
Request for authorization to fill one (1) part-time/15 hours per week Laborer position in the Public Resources Department/Fairgrounds. (The fiscal impact is $7,720.)
Request for approval to enter into an agreement with Rave Wireless, Inc., to provide Enhanced 911 Automatic Location Information (ALI) Database services through Smart911 pursuant to the approved E911 State Grant Program authorizing the chairman to sign the agreement and Resolution No. 2011-172 authorizing the appropriation and expenditure of unanticipated revenue. Fiscal Impact $63,000.00 over 3 year term.
Request for approval on the second amendment to this Interlocal Agreement between Lake County and the City of Tavares regarding Fire Inspections of County owned buildings within the city limits of Tavares. The inspections will be conducted at Lake County's request. There is no fiscal impact.
Request for approval to enter into an agreement with CenturyLink to provide Nice Recorder System and the Viper 4.1 System pursuant to the approved E911 State Grant Program authorizing the chairman to sign the agreement and Resolution No. 2011-173 authorizing the appropriation and expenditure of unanticipated revenue. The fiscal impact is $261,659.
Request for authorization to accept the final plat for Sullivan Ranch Partial Replat and all areas dedicated to the public as shown on the Sullivan Ranch Partial Replat plat. Sullivan Ranch Partial Replat consists of 73 lots and is located in Section 34, Township 19 South, Range 27 East. Commission District 4. There is no fiscal impact.
Request for authorization to accept the final plat for Sunset Landing Phase II Partial Replat of Lots 5 and 6 and all areas dedicated to the public as shown on the Sunset Landing Phase II Partial Replat of Lots 5 and 6 plat. Sunset Landing Phase II Partial Replat of Lots 5 and 6 consists of 2 lots and is located in Section 21, Township 21 South, Range 24 East. Commission District 1. There is no fiscal impact.
Request to approve an award in the amount of $136,574.00 to Mariani Asphalt for the purchase of liquid asphalt, RC 250 type, cutback asphalt and Emulsion Prime-Rapid set in conjunction with the County's needs, and authorize County staff to complete all implementation documents.
Request for approval and signature on the attached interlocal agreement between the City of Eustis and Lake County to utilize Lake County's contracted debris hauling company(s) and monitoring consultant to collect and dispose of eligible disaster debris from the public streets and rights-of-way of the Municipality. Fiscal impact is uncertain at this time as it depends on the severity of the disaster; however, only debris eligible for reimbursement from Federal and State agencies will be collected. The Municipality will be responsible for their proportionate cost share which is anticipated to result in no eventual fiscal impact to the County.
Request for authorization to execute County Incentive Grant Program Agreement Supplemental Amendment Number 1 with the Florida Department of Transportation for Hooks Street Extension Phase IV-B. There is no fiscal impact. Commission District 2.
Request for approval of Resolution No. 2011-174 adopting Fee Schedules for FY 2011-12 for services provided by the Department of Public Works, Solid Waste Division.
COUNTY ATTORNEY’S CONSENT AGENDA
On a motion by Commr. Conner, seconded by Commr. Parks and carried unanimously by a 5-0 vote, the Board approved the County Attorney’s Consent Agenda, Tabs 25 through 28 as follows:
Request for approval and execution of Settlement Agreement between Lake County and Robert P. Welch – Total Fiscal Impact is $1,000.00.
Request for approval of and authorization for the Chairman to execute Interlocal Agreement between Lake County and the Office of the State Attorney for the Fifth Judicial Circuit for FY 2011-12 State Attorney Technology Support Reimbursement. The Fiscal Impact is $267,000.
Request for approval of Amendment to Lease Agreement with Farner and Barley Partnership for Clerk's office space Fiscal Impact: $27,000.
Request for approval of Option Agreement with Rachel Waters for property known as the Lake Dalhousie Boat Ramp and authorize Chairman to execute necessary closing documents. Closing is contingent upon resolution of pending title issues and award of the Sport Fish Restoration grant; or in the alternative, should the grant not be approved or the title issues be unresolved, or the seller deny any required extensions to resolve the title issues, then authorize the County Manager authority to terminate the Option Agreement. There is no fiscal impact.
approval to advertise ordinance relating to the tethering of
Mr. Gregg Welstead, Conservation and Compliance Director, addressed the Board regarding the draft ordinance relating to the tethering of animals and stated that Ms. Marjorie Boyd, Animal Services Manager, would be giving an overview of the Animal Services Department and would discuss tethering and the issues relating to it.
Ms. Boyd explained that the Animal Services Department consists of one manager, two office associates and two dispatchers and noted that the dispatchers receive approximately 2,500 phone calls each month and the department handles nearly 20,000 animals annually. She pointed out that there are two divisions within the department and that the Field Operations division consists of 10 animal control officers who are responsible for enforcement throughout Lake County, except for Lady Lake and Mount Dora. She added that the officers handle 750 new complaints monthly and that they are on-call year round and are responsible for cleaning and caring for the animals on Sundays, holidays and the third Saturday before responding to their normal field cases. She related that the Shelter Operations division consists of 11 shelter staff which are responsible for caring for the animals, maintaining the cleanliness of the facility, euthanasia, the handling of the adoptions and any type of transactions at the front desk. She then discussed their initiatives noting that they made improvements to the Adopt-a-Pet program and started displaying the adoption “success story” pictures from the public. She added that they had an online livestock locator for the animal control officers to locate livestock owners and they now had donation opportunities available on the web and pawtificates for holiday adoptions. She then discussed the tethering of animals and defined tethering as a rope or chain by which an animal is fastened to a fixed object limiting its range of movement. She described that a single-point tether was where an animal was attached to a fixed point limiting the movement to the length of the tether itself and a multi-point tether was where an animal’s tether was attached to a line or cable fixed between two points increasing the distance of movement of the animal. She then showed a chart depicting the tethering restrictions for 17 counties throughout Florida and stated that many counties were trying to increase the restrictions. She explained the issues relating to tethering and noted that the American Society for the Prevention of Cruelty to Animals (ASPCA) stated that tethering could cause inadequate shelter from the elements, the animal’s food and water could get tipped over, they could become tangled with obstructions and unable to escape dangers, there could be sanitation issues, a lack of socialization and neck injuries. She added that the ASPCA stated that tethering for short time periods, using appropriate equipment, in an animal-friendly environment was generally harmless. She related that the Animal Services Department staff was already overburdened with the large amount of animals they dealt with on a day-to-day basis and noted that additional equipment would be required to enforce extra measures. She added that each animal control officer would need tape measures and scales on hand to measure the length and height of the tether and the weight of the tether or the animal; however, no additional equipment would be required to enforce the current ordinance or the proposed ordinance. She mentioned that access to properties was limited because the animal control officers only had the right to approach the front door without permission and they were not permitted to trespass where posted. She specified that the violation must be readily visible for the officer to see without trespassing and that the removal of animals must require the owner’s permission or must be by a court order. She then reviewed the current ordinance and the proposed amendment and explained that the amendment stated the length of the trolley or tether must be sufficient to allow freedom of movement and separation from the animal’s waste and the tether cannot extend over fencing or other objects causing an injury or strangle hazard. She added that it also required properly fitted collars or harnesses; swivels at both ends to prevent tangling; the area must be free of objects with injury potential and food, water and shelter from the elements must be available. She stated that it also limits the weight of the tether and prohibits single-point tethering under the existing cruelty and neglect provisions. She concluded the presentation and noted that their requested action was to approve the advertisement of the proposed ordinance or continue enforcing the existing Code unchanged or redraft the proposed ordinance with different provisions and/or restrictions.
Commr. Parks asked if there would be an additional cost or additional staff needed to enforce the proposed amendment.
Ms. Boyd replied that it could cost extra time, but there would not necessarily be an additional cost for equipment or staff.
Commr. Cadwell mentioned that there was not enough staff to keep up with the calls they had now and that it would be hard to enforce an ordinance without having enough money to hire the appropriate amount of staff.
Mr. Gray stated that it would depend on the call volume and the workload as to whether additional staff would be needed.
Commr. Conner commented that if they were inclined to support the proposed amendment, then it would be incumbent upon the County to provide the necessary manpower to enforce it. He added that he was unaware of all of the restrictions the animal control officers were faced with in regards to access to property and it seemed as though enforcement could be problematic in some instances.
Commr. Campione asked if the animal control officers would be able to visually observe whether the animals were on a trolley system.
Ms. Boyd stated that sometimes the trolley system may not be visible because it could be behind a fence or in a wooded area. She added that at times the complainants were able to see the trolley because they had trespassed onto the property.
Commr. Campione noted that just because there may be enforcement difficulties, that was not a reason not to have provisions in place. She then asked if the officers were able to go onto the property after receiving a complaint from someone.
Mr. Minkoff replied that the officer could not go onto the property without permission, but they could issue citations based on evidence from a third person.
Commr. Hill stated that it would cost less to ban tethering completely since it only required staff enforcement and would not require additional equipment.
Commr. Campione mentioned that many ordinances she had read allowed for tethering for up to an hour and thought that would be easier to enforce because the officer would have to stay at the house for an hour as opposed to eight hours to see whether the limit had been violated.
Commr. Cadwell pointed out that the fine for a first offense was $500 and asked what steps would be taken if the person could not afford to pay the fine.
Mr. Minkoff noted that except in really difficult cases, the officers issued warnings and never issued citations on a first offense. He added that the first priority when bringing cases to the code enforcement special master was compliance, so if someone truly did not have the resources to pay then they would work with them and try to accommodate them in that process.
Commr. Conner remarked that staff would not have the latitude to give a warning on the first offense if the ordinance specifically stated there was a $500 fine for the first offense.
Mr. Minkoff clarified that the ordinance was a recommendation to the special master, but the special master had the latitude to lower the fine or go higher depending on the offense.
Commr. Campione pointed out that Seminole County allowed up to four offenses before the heavy fines and actions kicked in. She also mentioned that if the County adopted the proposed ordinance, they should give the residents a six or eight month grace period to allow sufficient time to install fences or to get the appropriate equipment so they could come into compliance with it.
Mr. Minkoff stressed that the fines were high because it was animal cruelty and people were willfully being cruel to an animal. He noted that they could create a separate tethering section with a lower fine, but he was not sure that they would want to lower the fine for cruelty. He also added that with the current ordinance, tethering could be considered cruelty so under certain circumstances someone who had tethered an animal could get a citation for animal cruelty.
Commr. Cadwell opined that they should either continue enforcing the existing ordinance or go back to the drawing board with the proposed ordinance and not move forward with advertising.
Commr. Campione suggested that they also get input from the cities because their issues may be different than what the County has historically dealt with in the rural areas.
Commr. Hill commented that she would like to submit her recommendations of the language she would like added to the ordinance since she felt there was a lot left out.
Commr. Parks stated that he agreed with going back to the drawing board to incorporate the additional comments previously discussed. He also asked for staff to bring back information of whether additional staff would be needed to enforce the ordinance and what the cost would be.
The Board reached a consensus to continue enforcing the existing ordinance and update the proposed ordinance to include more specific language and input from the cities.
recess and reassembly
The Chairman announced that there would be a ten-minute recess at 9:58 a.m.
lake county fair association
Mr. Jeffrey Schaffer from Weaver Boos Consultants addressed the Board regarding the future fairgrounds location and facilities. He stated that he was approached by the Board of Directors of the Lake County Agricultural and Youth Fair Association because for many years they had discussed expanding and creating a new fairground. He added that they also wanted to create an exposition space and other facilities that could serve as an economic driver to bring people from out of the area to different events that could not be held at the current fairgrounds. He explained that the Fair Board wanted to develop a vision statement and an economic model for the new property and they wanted to get a consensus from the Board that the plan to move the fairgrounds was an idea that the Board could support and they also wanted direction on developing an economic model for the new fairgrounds.
Mr. Maxwell Spann, Landscape Architect with Weaver Boos Consultants, continued the presentation stating that he would be discussing the design memorandum that was provided to the Board. He noted that they explored the pros and cons of the existing and proposed properties and completed a site analysis. He added that they also reviewed some precedents from across Florida and the Country of successful fairs with similar missions. He then discussed the site design and pointed out that the proposed site was located south of CR 448, east of SR 19, and west of the landfill and it was on County owned property. He mentioned that the expo center at the existing site was the largest rentable space in the County and they were proposing to expand it from 15,000 to 30,000 square feet. He related that they wanted to offer meeting space, kitchens and an office space in that building as well. He explained that the existing site lacked extra parking, so expanded parking areas was key in the development of the plan. He pointed out that the Fair Board wanted to have a place for concerts and events, so they added an amphitheater and also mentioned that they expanded some of the areas that already existed, such as the livestock complex and the equestrian center. He specified that the carnival midway was the heart of the fairgrounds and that the parking was placed on the east side to filter everyone through the concessions and sales before they reached the midway area.
Mr. Ben Ellis, Project Manager with Weaver Boos Consultants, continued the presentation noting that he would be discussing the financials provided in the design memorandum. He stated that they analyzed a variety of financial strategies which covered the direct cost related to the existing and proposed sites and they also conducted a formal site appraisal of the existing facility, examined the current and proposed cash flows and compared rental rates against similar facilities in the region. He reported that they estimated the design and construction of a 30,000 square foot expo hall and the surrounding infrastructure to cost approximately $5.3 million. He then summarized the three funding options and explained that Option 1 proposed that the County designate $5.3 million to the project for the full buildout of the site. He stated that Option 2 would be a phased approach with the County designating almost $1 million for a portion of the infrastructure cost and with using the money generated from the sale of the existing property, most of the expo hall could be designed and constructed. He added that they were also estimating using the revenues from additional events held at the fairgrounds and that the Fair Board or Lake County would apply for a low interest loan for the cost of the remainder of the expo hall. He related that the Fair Board would also apply for applicable grants and seek private donations to pay for the remainder of the infrastructure of the fairgrounds. He then mentioned that Option 3 was similar to Option 2 except that it would include the placement of the proposed Emergency Operations Center (EOC) on the fairgrounds site, thus decreasing the cost of the shared infrastructure. He pointed out that the fairgrounds was anticipating a loss of approximately $33,000 in 2011 and that they were estimating an increase in revenues in 2012 but because of the increased maintenance costs, they would have a loss of approximately $18,000. He added that the fairgrounds would cost nearly $53,000 each year with factoring in the increased revenues and the loan payment.
Mr. Jimmy Nussbaumer, member of the Lake County Fair Board of Directors, addressed the Board stating that the fair was more than just rides, activities and food; it was designed to support agriculture and the youth in the community. He noted that through projects associated with the fair and organizations such as 4-H and FFA, the children were taught the basic principles of life. He mentioned that during the past year they had around 77,000 people come to the fair and noted that the current facility was landlocked and that parking had always been an issue. He added that there was no growth available and it would cost quite a bit of money to renovate the property. He opined that the new fairgrounds would be great for economic development since it would be a centrally located facility that would attract major events from around the State. He expressed that Weaver Boos Consultants had done an excellent job of putting together the design memorandum and he was hopeful that the Board would take the time to review it so they could move forward with something that would benefit the youth, agriculture and economic development.
Commr. Parks disclosed that he had a business relationship with Weaver Boos Consultants, so he would participate in the discussion but would refrain from voting.
Commr. Hill asked if the proposed funding from Lake County would be from the tourist development tax and whether that tax could be used for a project of that nature.
Mr. Minkoff stated that those types of structures were typically authorized by tourist tax.
Commr. Hill opined that the new fairgrounds plan looked great and was well thought out and she appreciated all of the work that had gone into creating it.
Commr. Cadwell commented that the Fair Board had been coming to the County for 20 years with different alternatives knowing that the current property was not conducive to the long-range goal of the fair. He added that they had never made a detailed presentation to the Board like they had today. He stated that they should plug the project into their budget process and also commit to the Fair Board that they understand the fairgrounds cannot continue to operate at the current location. He then suggested that either the Fair Board or County staff research similar sized facilities to see what they were experiencing and what their projected revenues were.
Mr. Schaffer stated that they had already started that process and had looked at Volusia County and the Central Florida Fairgrounds extensively. He added that they would be more than willing to go into very detailed research and work with staff on that.
Commr. Campione mentioned that there had been a lot of discussion and fundraising efforts to get a performing arts center in Lake County and asked whether the expo center could be used for that purpose.
Mr. Schaffer replied that they did not look at having fixed seating at that facility because they were looking at having a facility similar to convention space with theater style seating or banquet style seating. He noted that they could include having fixed seating and a small auditorium in the facility if that was something that would make sense.
Commr. Campione remarked that it might be something to explore because there could be groups that were willing to participate in the funding of it. She then asked what the rationale was for proposing to include the EOC on the site.
Mr. Schaffer explained that he had reviewed the program for that building and since training centers and meeting areas had been proposed, they thought that both of those could be incorporated into the new fairgrounds instead of within the hardened Emergency Operations Center. He stated that there were also large fields at the new fairgrounds which would have the opportunity for additional training areas and added that they also thought of sharing infrastructure cost since there was some grant funding available for the EOC. He specified that they really wanted to focus on Option 2, but they were also aware that the commissioners were currently considering the EOC and thought they could incorporate it into the new facility if it made sense for everybody involved.
Commr. Conner asked if having the EOC at the new facility would be practical because he would support consideration of that if there was a better use for it at that site.
Mr. Schaffer pointed out that they did not look at the inner workings of the Emergency Services Division or the Sheriff’s Office to see if it would make sense. He added that they knew it was something the County was currently considering and thought it could be incorporated.
Mr. Gray stated that the drawback to relocating that building was that the County was on a tight timeline with the grants that were helping to fund the EOC and if anything changed, the County would most likely lose the grants.
Commr. Conner clarified that based on the County’s funding situation, the EOC proposal was not practical. He opined that Lake County did need an improved facility, but they needed to determine what they could afford. He explained that he had concerns with the road access to the site and that he would feel more comfortable with the proposed site if he knew that other sites had been considered and that one seemed to be the best. He expressed his concerns about using the facility as a wedding center and noted that they should be cautious in doing so because they should not be competing with the private sector. He mentioned that he was also concerned about the amphitheater because the City of Tavares was also proposing an amphitheater and two government agencies should not be duplicating services within five miles of each other. He related that his other concern was that the project should be brought before the Tourist Development Council (TDC) for input if they were planning to use tourist development dollars. He added that he would like to see the funding model before they proceed on voting to move forward.
Mr. Schaffer emphasized that they shared the same concern of overlapping services with the private sector and they wanted to make sure that the facility they would create was very different from any private facility that was currently available. He noted that their proposed facility would be larger than other private facilities currently available and would be able to host bigger events. He added that they intended to bring a proposal that would demonstrate that.
Commr. Campione pointed out that it seemed as though everyone liked the concept so they should move to the next step and go through the budget process to look at potential funding sources.
The Board reached a consensus to move to the next step of reviewing the details and the different funding sources available for the project and to also research similar county fairgrounds to look at their numbers and see what their projected revenues were.
energy efficiency and conservation block grant update
Ms. Amye King, Growth Management Director, addressed the Board stating that the purpose of the presentation was to provide the Board and the citizens with a status report on the Energy Efficiency and Conservation Block Grant (EECBG) and recommendations and requested actions related to the Go Green Get Green rebate program, energy efficiency upgrades to County facilities and the EECBG budget realignment. She recapped that the EECBG program was a $2.8 million Department of Energy grant with the purpose of reducing fossil fuel emission, reducing energy use, and improving energy efficiency in the building sector, transportation sector and other appropriate sectors. She reported that as of yesterday, there had been 2,772 Go Green Get Green applications with $818,518 paid out in rebates. She specified that appliances were the most popular rebates and that contractors had reported working over 3,800 hours on projects associated with the program. She noted that due to the popularity and success of the program, they would be proposing a re-launch with $150,000 in funding due to cost savings from other activities.
Mr. Jim Stivender, Public Works Director, continued the presentation discussing the EECBG projects pertaining to his department and noted that they conducted a landfill gas feasibility study to determine the condition of the landfills and found that the gas collected in the Astatula landfill had potential for electrical power generation. He added that the Loghouse and the Umatilla landfills did not provide the numbers for energy purposes. He mentioned that there had not been a recycling program in Lake County in the past 20 years since they had a contract with Covanta so they have sent as much recycling to Covanta as they could, but they did complete a recycling study and would be presenting those numbers at a future workshop. He stated that the traffic signal synchronization was completed by driving back and forth through intersections to try to improve the efficiency of the flow of traffic through them and to reduce greenhouse gases. He reported that they achieved a time and value savings to the citizens of $4.7 million each year and a savings of 650,625 gallons of fuel each year. He added that they were also able to reduce the greenhouse gases by 18 percent.
Mr. Kristian Swenson, Facilities Development and Management Director, continued the presentation discussing the EECBG projects pertaining to his department and stated that the Solar Pilot Project, which would put solar panels on the roof of the Horticultural Learning Center at the Ag Center to provide alternative power, was awarded to Mark Cook Builders of Leesburg and that the construction was planned to start in December and should be completed in January. He mentioned that the EECBG allowed for $450,000 for improvements to other County buildings and that they would be using performance contracting to accomplish that. He specified that performance contracting would allow the County to hire one company to complete an energy inspection of the facilities and that company would perform an audit to identify specific projects, design and construct the projects, and they would then measure the improvements afterwards to make sure the goals described in the audit had been met. He added that they would report annually on the savings and if the savings did not meet the levels that were promised, the performance contractor would have to repay and meet those savings. He stated that performance contracting was governed by Florida Statutes and those Statutes explained that a project must pay for itself in 20 years or less and the performance contractor could provide financing to pay for the improvements. He noted that it also allowed for the cost savings that were achieved above the predicted amounts to be split amongst the governmental agency and the contractor if that was agreed upon. He pointed out that they were proposing to follow the same performance contracting steps but they wanted to complete it with Progress Energy because they provided free energy audits and rebates to help offset some of the costs. He related that they were also proposing to use on-call contractors for design and construction, to only spend the $450,000 grant funds, and also to select projects that were longer than the 20 year payback period. He explained that they already started doing some of the improvements to the County buildings and pointed out that they planned to install occupancy sensors, a chilled water meter to the Public Defender building and a variety of lighting improvements. He added that they were also considering putting an electric sub-meter on the parking garage, replacing the aging boilers that provided heat to some of the buildings, and possibly installing a reflective waterproof roof coating on the Administration Building to help fix minor leaks.
Ms. King concluded the presentation reporting that they had expended 48 percent of the grant funds by the third quarter in 2011 and had a fund balance of about $1.5 million. She then mentioned a new program called Property Assessed Clean Energy (PACE) which allowed owners of improved properties request that their local government levy a voluntary assessment to finance energy efficiency, alternative energy and wind resistant improvements to their property. She added that it would allow for assessments to be collected on the same bill as property taxes, even after the property owner sold the property.
Commr. Conner commented that there was a lot of wasted energy in the Administration Building because after hours it seemed as if the lights were on in the entire building.
Mr. Swenson agreed and noted that there were some issues with the Administration Building because the skylight provided a lot of sunlight and there were a lot of lights burning unnecessarily because of the natural light coming through. He added that daylight sensors needed to be installed in the roof and the restroom lights needed to be controlled on a separate system.
Commr. Campione asked about the lights in the parking garage.
Mr. Swenson noted that the lighting was poor and needed to be retrofitted and they felt as though the County could save about $30,000 per year by spending $130,000.
On a motion by Commr. Parks, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the re-launching of the Go Green Get Green rebate program with the cost savings realized from other EECBG activities, the EECBG budget change request, and to proceed with County facility energy efficiency upgrades using the modified performance contracting model.
appointment to the library advisory board
On a motion by Commr. Cadwell, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the appointment of Ms. Jane O’Conner to the Library Advisory Board as an Alternate Member representing the Town of Howey-in-the-Hills to complete an unexpired term ending February 28, 2012 and a consecutive four-year term ending February 28, 2016.
appointments to the Lake-Sumter Metropolitan Planning
Organization Bicycle & Pedestrian Advisory Committee
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the appointments of Mr. Mark Ennis as the District 1 member, Mr. Lewis Michael as the District 3 member, and Ms. Meredith Murdock Cheshire as the District 5 member to the Lake-Sumter Metropolitan Planning Organization Bicycle & Pedestrian Advisory Committee (BPAC) to serve two-year terms beginning January 1, 2012 and ending December 31, 2013.
appointments to the Lake-Sumter Metropolitan Planning
Organization Citizens' Advisory Committee
On a motion by Commr. Parks, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved the appointments of Mr. Stephen Ferrell as the District 1 member and Mr. Andy Dubois as the District 3 member to the Lake-Sumter Metropolitan Planning Organization Citizens' Advisory Committee (CAC) to serve two-year terms beginning January 1, 2012 and ending December 31, 2013. The Board decided to postpone the appointment for the District 5 seat.
appointment to the board of adjustment
On a motion by Commr. Cadwell, seconded by Commr. Conner and carried unanimously by a 5-0 vote, the Board approved the appointment of Mr. Craig Covington to the Board of Adjustment to complete an unexpired four-year term ending January 31, 2013.
reports – county attorney
regulatory options for internet cafés
Mr. Minkoff stated that they had prepared a memo for the Board discussing the regulatory options of internet cafés and noted that the first option would be to completely ban them from being in the County. He added that the City of Clermont and Seminole County had taken that option and Seminole County had been challenged in court but so far, the ordinance was still in effect and had not been ruled to be invalid. He pointed out that the second option would be to regulate them with police power or it could be land use based. He specified that the hours of the cafés could be limited and there could be additional requirements such as armed guards or there could be Land Development Regulations (LDRs) addressing parking and signage issues. He related that the third option would be a temporary moratorium and mentioned that the legislature had been discussing that issue but he was unsure whether or not they would take any action. He added that several cities and counties have put a moratorium on any new internet cafés. He stated that the fourth option would be to wait and see the outcome of the legislature and then readdress the issue when the session was over.
Commr. Cadwell pointed out that internet cafés would have to be allowed somewhere even if they were regulated by land use.
Mr. Minkoff agreed that they would have to be allowed and added that there would be difficulty enforcing the LDRs if there was a complete ban.
Commr. Parks mentioned that he had received some phone calls and comments from concerned citizens in the South Lake area and expressed that his main concern was that other cities and counties were either banning or regulating internet cafés. He suggested that they put a moratorium on them and then develop some LDRs for them.
Commr. Conner stated that he was opposed to gambling and he would take a strong stand against internet cafés if they were truly used for gambling.
Commr. Campione asked for Sheriff Gary Borders to share his experiences with internet cafés and whether there had been any incidences of crime associated with them.
Sheriff Borders explained that they had not put resources out there to close the internet cafés in Lake County and unless they were prosecuted in this circuit, it was very expensive. He added that he was not aware of any crime related to them other than the fact that the Sheriff’s Office considered them to be illegal. He noted that they were waiting for the legislature to further define what they considered to be illegal in the State and mentioned that they have received comments from citizens in support of and in opposition of the cafés.
Commr. Cadwell opined that they should place a temporary moratorium on them that way the County could be prepared to move forward if the legislature did not make a decision.
Mr. Minkoff pointed out that most of the internet cafés in place were mainly in municipalities and that there were very few in the unincorporated area.
Sheriff Borders agreed that placing a moratorium on them was the best way to handle them.
The Board reached a consensus to place a six month moratorium on internet cafés and to have the County Attorney bring back an ordinance.
reports – county manager
board meeting at camp challenge
Mr. Gray reminded the Board that next week’s meeting was a workshop at Camp Challenge at 9:00 a.m. and that they would be discussing next year’s budget, their five-year plan and the Capital Facilities Advisory Committee’s recommendations.
reports – commissioner parks – district 2
parks and recreation meeting in minneola
Commr. Parks reported that he attended a meeting last night in Minneola regarding an update on parks and recreation in South Lake since there had been concerns about the lack of facilities in that area. He also thanked staff for doing such a great job at the meeting.
reports – commissioner conner – district 3
proclamation regarding dr. martin luther king, jr. day
On a motion by Commr. Conner, seconded by Commr. Hill and carried unanimously by a 5-0 vote, the Board approved Proclamation No. 2011-167 proclaiming January 16, 2012 as a day to celebrate the life and dreams of Dr. Martin Luther King, Jr.
no casinos for florida
Commr. Conner explained that the spokesman for No Casinos for Florida would be in Orlando next Tuesday and since it conflicted with their regularly scheduled meeting, he asked if they could make an agreement with the spokesman to come to a future meeting and make a 10 minute presentation discussing their concerns with casinos and the impacts they could have on the County.
The Board agreed by consensus to allow for a 10 minute presentation at a future meeting.
reports – commissioner cadwell – district 5
Giving toy box
Commr. Cadwell noted that the Giving Toy Box was held on Saturday and that it served 327 families that represented 998 children. He added that the remaining items were delivered to the Coalition for the Homeless.
There being no further business to be brought to the attention of the Board, the meeting was adjourned at 11:49 a.m.
leslie campione, chairman
NEIL KELLY, CLERK